Records vs Recollections: HTR v Nottingham University Hospitals NHS Trust – Ropewalk Clinical Negligence Blog

Posted December 14th, 2021 in birth, hospitals, negligence, news, personal injuries, witnesses by tracey

‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’

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Ropewalk Clinical Negligence Blog, 7th December 2021

Source: www.ropewalk.co.uk

Stillborn baby’s parents receive £2.8m from Nottingham hospital trust – BBC News

‘A couple whose child died in the womb after mistakes by maternity staff have received a £2.8m settlement.’

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BBC News, 6th December 2021

Source: www.bbc.co.uk

100 people held more than 20 years in ‘institutions’ – BBC News

‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’

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BBC news, 25th November 2021

Source: www.bbc.co.uk

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

QC criticises NHS Resolution for “unacceptable” delay in settling huge claim – Legal Futures

Posted November 17th, 2021 in barristers, compensation, damages, delay, hospitals, negligence, news, personal injuries by sally

‘A leading QC has criticised NHS Resolution for “unacceptable” delays in settling one of the largest ever settlements in a clinical negligence case.’

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Legal Futures, 16th November 2021

Source: www.legalfutures.co.uk

Loophole in the law leaves patients at risk of abuse and sexual assault – The Independent

‘A loophole in the law is leaving vulnerable patients at risk of abuse and sexual assault by unregulated private ambulance staff, The Independent can reveal. While many private ambulance providers are regulated, a small number, such as those providing services at events, those providing first aid, and those who are subcontracted, fall outside the reach of the Care Quality Commission (CQC).’

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The Independent, 14th November 2021

Source: www.independent.co.uk

Landmark sickle cell disease inquiry finds evidence of racism in patient care – The Independent

Posted November 15th, 2021 in health, hospitals, inquiries, medical treatment, news, race discrimination, racism by tracey

‘Sickle cell patients are grappling with racism in the NHS that is placing their lives at risk, a groundbreaking parliamentary report has highlighted.’

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The Independent, 15th November 2021

Source: www.independent.co.uk

Alder Hey NHS Trust must pay boy £27m over brain injuries – BBC News

Posted November 12th, 2021 in children, compensation, damages, families, hospitals, negligence, news, personal injuries by tracey

‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’

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BBC News, 11th November 2021

Source: www.bbc.co.uk

David Fuller: Independent inquiry announced into mortuary abuse – BBC News

Posted November 9th, 2021 in bereavement, families, hospitals, inquiries, news, sexual offences by tracey

‘An independent inquiry has been launched by the health secretary after a hospital electrician accessed mortuaries and sexually abused bodies.’

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BBC News, 8th November 2021

Source: www.bbc.co.uk

Limitation in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’

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Ropewalk Clinical Negligence Blog, 2nd November 2021

Source: www.ropewalk.co.uk

Married lesbian couple launch discrimination action against NHS – The Guardian

‘A married lesbian couple are launching a landmark legal test case against a branch of the NHS fertility sector in England, claiming it discriminates against LGBT+ families.’

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The Guardian, 7th November 2021

Source: www.theguardian.com

Material Contribution in the Spotlight (Again) following Thorley v Sandwell & West Birmingham Hospitals NHS Trust – Ropewalk Clinical Negligence Blog

‘This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis. In so doing, however, he concluded that as a matter of law the material contribution approach to causation does not apply when there is a single tortfeasor and an indivisible injury.
Soole J is surely right to acknowledge that this is an issue “ripe for authoritative review” (see [151]), but it is suggested that his reasons for reaching the above conclusion are somewhat questionable.’

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Ropewalk Clinical Negligence Blog, 26th October 2021

Source: www.ropewalk.co.uk

Concern police will be able to ‘strong-arm’ NHS to hand over patient data under new plans – The Independent

‘Police forces will be able to “strong-arm” NHS bodies into handing over confidential patient data under planned laws that have sparked fury from doctors’ groups and the UK’s medical watchdog.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

East Kent baby deaths: Trust was short of staff – BBC News

‘There were not enough maternity staff to keep mothers and babies safe at a hospital trust at the centre of a baby deaths scandal, inspectors have found.’

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BBC News, 15th October 2021

Source: www.bbc.co.uk

Breach of Duty and Hospital Guidelines: Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) – Ropewalk Clinical Negligence Blog

‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’

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Ropewalk Clinical Negligence Blog, 12th October 2021

Source: www.ropewalk.co.uk

Treating children for gender dysphoria: Bell v Tavistock & Portman NHS Trust – Law & Religion UK

‘Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 has little, ostensibly, to do with “religion”, but relates to an issue which some would feel had moral and social dimensions – the treatment of children for gender dysphoria, defined by the Court of Appeal as “a complex condition that occurs in both children and adults. It involves, in the simplest terms, a strong desire to be and to be treated as being of the gender other than their natal sex at birth. Those diagnosed with it suffer associated significant distress or impairment in function. A range of clinical interventions may be prescribed”.’

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Law & Religion UK, 11th October 2021

Source: lawandreligionuk.com

Major NHS trust downgraded by care watchdog amid safety fears – The Independent

Posted October 8th, 2021 in health & safety, hospitals, news, ombudsmen, quality assurance by tracey

‘One of the largest hospital trusts in England has been downgraded by the care watchdog amid safety fears and criticism that bosses did not act on staff concerns.’

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The Independent, 8th October 2021

Source: www.independent.co.uk

High Court judge approves bespoke placement in case where he had declined to authorise continued deprivation of liberty of 12 year old in psychiatric admissions unit – Local Government Lawyer

Posted October 1st, 2021 in care homes, children, detention, hospitals, local government, mental health, news by tracey

‘A High Court judge who last week refused to exercise the inherent jurisdiction to authorise the continued deprivation of the liberty of a 12-year-old child (LT) in an acute psychiatric admission unit for adolescents, has since authorised her deprivation of liberty in an empty children’s home found by the local authority, it has emerged.’

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Local Government Lawyer, 29th September 2021

Source: www.localgovernmentlawyer.co.uk

More NHS maternity units criticised for poor cultures, bullying and staff shortages – The Independent

Posted October 1st, 2021 in birth, bullying, employment, hospitals, midwives, news, ombudsmen, pregnancy by tracey

‘Two more NHS maternity units have been criticised by the care watchdog over concerns about safety, with inspectors highlighting poor cultures and bullying as well as staff shortages leaving midwives visibly upset.’

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The Independent, 1st October 2021

Source: www.independent.co.uk

Judge refuses to authorise deprivation of liberty of vulnerable 12-year-old girl in acute psychiatric admissions unit, despite lack of alternative accommodation – Local Government Lawyer

Posted September 29th, 2021 in children, detention, hospitals, housing, local government, mental health, news by sally

‘A High Court judge has declined to find that it was in the best interests of a 12-year-old girl (LT), who does not have a psychiatric condition requiring hospitalisation, to be deprived of her liberty on an acute psychiatric admission unit.’

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Local Government Lawyer, 28th September 2021

Source: www.localgovernmentlawyer.co.uk